From A to Arbitration

Episode 8-3: Vera D. Bugg & Attendance Related Discipline

Corey continues discussing attendance-related discipline, specifically focusing on the concept of “deemed desirable and restricted sick leave.” He explains that management uses this to discipline carriers, but it’s often a weak argument. He points out that the ELM provision 513.361 states that a carrier is only required to provide documentation for their absences if they are on restricted sick leave or if management deems it necessary for the protection of the Postal Service. He advises shop stewards to challenge these claims, especially when a carrier was not notified of being placed on “deemed desirable.”

Corey highlights the importance of understanding national arbitration decisions related to discipline, namely the Vera d Bugg case, a landmark case in attendance arbitration, and suggests using it as a strong argument against management’s claims, as it utilizes a percentage of attendance vs absences. He encourages shop stewards to ensure that carriers are aware of their rights and to be proactive in challenging inaccurate or unfair disciplinary actions.

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